The intent of the site plan review process is to preserve and
enhance the character of a neighborhood, achieve compatibility with
adjacent development, mitigate potentially negative impacts on traffic,
parking, drainage and similar environmental concerns, improve the
overall visual and aesthetic quality of the Town and Villages, and
increase the capability of the Zoning Ordinance to adapt to a variety
of unique circumstances.
In accordance with New York State Town and Village Law, no construction
or site improvement work may commence until site plan approval, where
required, has been granted. Site plan review and approval is required
in accordance with the procedures of this article for all new buildings
and uses and expansions of existing buildings as defined in this article:
A.Â
Site plan review shall not be required for the:
B.Â
Minor site plan review requires only Planning Department approval
and shall be required for:
(1)Â
Any proposed changes to parking, loading or stacking, or dumpsters,
located more than 250 feet from residential use or district where
such modifications are determined by the Planning Department to be
consistent with the intent and objectives of the original site plan.
(2)Â
The proposed modification to an approved landscape plan to preserve
existing mature trees and/or vegetation or change proposed plant species
or the relocation of underground utilities where such modifications
are determined by the Planning Department to be consistent with the
intent and objectives of the original site plan;
(3)Â
The placement of accessory structures such as generators, toolsheds,
HVAC equipment, transformers, or compressors;
(4)Â
Additions to buildings and uses that do not require additional
off-street parking spaces.
(5)Â
Adjustments to approved site plans during development. During the development of an approved site plan, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following and shall be exempt from the procedures outlined in § 300-63.3:
(a)Â
Altering the location of any one structure or group of structures
by not more than 10 feet or 0.1 of the distance shown on the approved
site plan between such structure or structures and any other structure
or any vehicular circulation element or any boundary of the parcel,
whichever is less.
(b)Â
Altering the location of any circulation element by not more
than 10 feet or 0.1 of the distance shown on the approved plan between
such circulation element or any structure, whichever is less.
(c)Â
Reducing the yard area or open space associated with any single
structure by not more than 5%.
(d)Â
Altering any final grade by not more than 5% of the originally
planned grade.
(e)Â
Modification of landscaping, as long as screening intent is
maintained.
(6)Â
Minor modifications. Minor modifications shall be limited to
the following and shall be exempt from the procedures outlined in
Article 63.3:
C.Â
Major site plan review requires Planning Board approval and is required
for all new buildings and uses as well as expansions of uses and buildings
that are not explicitly exempt from site plan review or do not qualify
for minor site plan review.
A.Â
Application. Application for a building permit for any land use or activity requiring site plan review and approval shall be made to the Code Enforcement Officer, who shall receive and review such application and refer it to the Planning Department for processing. As a part of the review, the Building Official shall certify that the site development plan meets all the minimum requirements of this chapter. If the site plan does not meet all minimum requirements of this chapter, the applicant may appeal to the Zoning Board of Appeals for a variance in accordance with the provisions of Article 67 of this chapter.
B.Â
Presubmission conference. Prior to the preparation and submission
of a final plan for site plan review and approval, the applicant may
prepare a sketch plan and meet with the Planning Department staff
to consider specifics of the proposed use or development, neighborhood
characteristics, and features of the site. Such sketch plan should
be submitted in duplicate and include enough information to enable
a clear understanding of the proposal.
C.Â
Plan requirements. A final site plan for any land use or activity
requiring site plan review and approval shall be prepared and submitted
to the Planning Department. Such final site plan shall contain the
following information, as applicable:
(1)Â
Location name and address of owner, name of designer (if any)
of the proposed development.
(2)Â
Identification map showing the location of the site within the
Town or Villages.
(3)Â
Scale, North arrow, and date.
(4)Â
Present zoning district in which the site is located.
(5)Â
Location of the site in relation to all abutting properties
and streets, and showing existing property lines, rights-of-way, and
easements.
(6)Â
Existing and proposed buildings, structures and land uses.
(7)Â
A proposed layout of streets and other vehicular circulation
facilities, including the location and width of driveways and type
of curbing on site, loading and maneuvering areas, and ingress and
egress to existing and prospective streets and highways.
(8)Â
Projected number of seating or employees, if needed, to determine
the number of parking spaces.
(9)Â
Any wetlands and/or floodable area included in the one-hundred-year
floodplain.
(10)Â
A topographic survey extending 50 feet beyond the property line
may be required.
(11)Â
A storm drainage and grading plan showing the collection and
disposal of stormwaters, or, if applicable, a stormwater pollution
prevention plan consistent with the requirements of Article I and
Article II of the Erosion and Sediment Control Law of the Town or
Villages.
(12)Â
A plan showing proposed utilities and, if required, easements.
If a private sewerage system is used, plans for the system shall bear
the stamped approval of the Broome County Department of Health.
(13)Â
Existing major vegetation (trees and shrubs) and proposed landscaping
treatment, including species, location, and planting size and full-growth
size.
(14)Â
Drawings or sketches which illustrate the height, bulk, and
design characteristics of the proposed building, and indicate major
materials to be used.
(15)Â
Location and type of exterior lighting, and location and dimension
of exterior signs, including ground and wall signs.
(16)Â
Projected number of seating or employees, if needed, to determine
the number of parking spaces.
(17)Â
Any other information required by the Planning Department to
explain the proposal.
(18)Â
Application form, project narrative form, SEQR documentation.
(19)Â
Developer's clause:
(a)Â
On behalf of ______________________ (Developer-Applicant), we hereby certify and agree that the submitted plans meet all the requirements and specifications described in Article 63 (Site Plan), and any other applicable sections of the Town of Union Code. Notwithstanding any notes, provisions or specifications in the plans, we agree on behalf of the Developer-Applicant that Town of Union Code specifications shall take precedence over any such notes, provisions or specifications which may be inconsistent with and/or not in conformance with the Town of Union Code specifications. We further agree that in the event of any inconsistency or ambiguity between the notes, provisions or specifications on the final plans and the Town of Union Code, that in all cases the Town of Union Code specifications shall be controlling with respect to the work, materials or other requirements.
Signature of Developer
| |
---|---|
Signature of Developer's Engineer
or Design Professional
|
(20)Â
Any of the above requirements may be waived by the Planning
Department if conditions warrant.
D.Â
Referrals.
(1)Â
To County Planning and any other involved agencies. Upon receipt
of the complete application and before taking final action on certain
applications for site plan approval (review), such applications shall
be referred to the Broome County Planning Department and any other
involved agencies for review and report in accordance with the provisions
of §§ 239-l, 239-m and 239-nn of the General Municipal
Law.
(2)Â
To the applicable Historic Review Board. Before taking final action on an application for site plan approval (review) for a parcel located in any locally designated historic district, park or a locally designated landmark, such application shall be referred to the applicable Historic Review Board for review and action in accordance with Chapter 164, Historic Protection Districts, of the Code of the Village of Johnson City, and Chapter 157, Historic Districts, of the Village of Endicott Code.
[Amended 3-6-2012 by L.L. No. 1-2012]
E.Â
Relevant comments. In reviewing site plans it shall be the responsibility
of the Planning Department to obtain comments or approvals in writing
from any relevant Town and Village department/division before a decision
on approval is made.
F.Â
Environmental assessment. The environmental assessment shall be in
accordance with the State Environmental Quality Review Act (SEQR).
G.Â
Issuance of building permit. When an application for site plan review has been approved in accordance with the provisions of this Article 63 with or without modifications, a building permit shall be issued by the Code Enforcement Officer if there is compliance with all other pertinent code requirements. All required modifications established as a result of the site plan review procedure shall be conditions of the building permit.
H.Â
Filing. The decision of the Planning Board or the Planning Department
as appropriate shall immediately be filed in the applicable Town or
Village Clerk's Office and Office of the Code Enforcement Officer
within five business days and a copy thereof given or mailed to the
applicant.
During review of a minor or major site plan, the Planning Department
or Planning Board, as applicable, shall ensure that the site plan
is consistent with this chapter and generally consistent with the
policies of the Comprehensive Plan.
The Planning Department or Planning Board shall deny an application
on the basis of specific written findings directed to one or more
of the following:
A.Â
The application is incomplete in specified particulars or contains
or reveals violations of this chapter or other applicable regulations
which the applicant has, after written request, failed or refused
to supply or correct.
B.Â
The proposed site plan interferes unnecessarily, and in specified
particulars, with easements, roadways, rail lines, utilities, and
public or private rights-of-way.
C.Â
The proposed site plan unnecessarily, and in specified particulars,
destroys, damages, detrimentally modifies or interferes with the enjoyment
of significant natural, topographic or physical features of the site.
D.Â
The proposed structures unnecessarily, and in specified particulars,
destroy, damage, detrimentally modify or interfere with the significant
design features of the existing buildings and structures on the site.
E.Â
The proposed structures or landscaping unnecessarily, and in specified
particulars, bears a poor relationship to the existing physical development
of the site or results in an overall development that compromises
existing design, parking or landscaping elements.
F.Â
The site design does not comply with ADA requirements.
G.Â
The proposed site plan unnecessarily, and in specified particulars,
is injurious or detrimental to the use and enjoyment of surrounding
property.
H.Â
There is inadequate infrastructure capacity to support the use or
development.
I.Â
The proposed site plan and associated improvements fail to mitigate
the project's anticipated traffic impacts.
J.Â
The proposed site plan fails to provide for adequate access for emergency
vehicles.
K.Â
The pedestrian and vehicular circulation elements unnecessarily,
and in specified particulars, create hazards to safety on or off the
site.
L.Â
The proposed structure unnecessarily, and in specified particulars,
is lacking amenity in relation to or is incompatible with, nearby
structures and uses.
M.Â
The proposed site plan unnecessarily, and in specified particulars,
is lacking amenity in relation to, or incompatible with, nearby structures
and uses.
N.Â
The proposed site plan unnecessarily, and in specified particulars,
creates drainage or erosion problems.
O.Â
The proposed structures unnecessarily, and in specified particulars,
are incompatible with or lacking in amenity in relation to existing
uses on the site or existing building materials, roof shapes and fenestration
on the site.
P.Â
The proposed site plan fails to contribute to existing pedestrian-oriented
rights-of-way and unnecessarily, and in specified particulars, is
lacking in amenity in relation to the public realm and streetscape.
Q.Â
The proposed site plan detrimentally impacts the visual and physical
access to and along the waterfront.
In rendering a final decision, the Planning Department or Planning
Board, as applicable, shall consider and make findings that:
A.Â
The proposed site plan is consistent with the purpose and specific
requirements of this chapter and generally consistent with the policies
of the Comprehensive Plan;
B.Â
Adequate services and utilities will be available prior to occupancy;
and
C.Â
The site plan is consistent with all other applicable laws.
A.Â
The Planning Department or Planning Board shall issue a final decision
on each site plan. The decision of the Planning Department or Planning
Board, which shall be based on the findings set forth, shall be final
and shall:
B.Â
In any case where an application is denied, the Planning Department
or Planning Board shall state the specific reasons and shall cite
the specific provisions of this chapter upon which such denial is
based.
A.Â
Review by the Planning Department. The Planning Department may, at
its discretion, reduce the required number of parking spaces by up
to 25% upon determination that the applicant can demonstrate that
the site can support the required number of spaces, should the need
arise in the future. If the Planning Department determines that waived
parking, paving and striping are needed to provide necessary off-street
parking, it may order the installation thereof. Any certificate of
occupancy issued for any parking area and the building or use served
thereby, where the number of spaces has been waived, shall be deemed
conditional upon the possible requirement for the future development
of the additional off-street parking upon such order by the Planning
Department. Failure to comply with such order within the time fixed
thereby shall constitute a violation of this article.
B.Â
Review by Planning Board. The Planning Board may, at its discretion,
reduce the required number of parking spaces by up to 25% upon determination
that the applicant can demonstrate that the site can support the required
number of spaces, should the need arise in the future. If the Planning
Board determines that waived parking, paving and striping are needed
to provide necessary off-street parking, it may order the installation
thereof. Any certificate of occupancy issued for any parking area
and the building or use served thereby, where the number of spaces
has been waived, shall be deemed conditional upon the possible requirement
for the future development of the additional off-street parking upon
such order by the Planning Board. Failure to comply with such order
within the time fixed thereby shall constitute a violation of this
article.
In accordance with New York State law, the decision of the Planning
Board or Planning Department, as applicable, shall be filed in the
Office of the Municipal Clerk consistent with all applicable state
requirements.
A.Â
Appeal of Planning Department decision. An applicant for a minor site plan review or any other aggrieved party may appeal to the Planning Board for a review and modification of a decision made by the Planning Department. Such appeal shall be treated by the Planning Board in the same manner as a major site plan review and follow the provisions of § 300-63.3 of this chapter.
B.Â
Appeal of a Planning Board decision. Any person or persons, jointly
or severally aggrieved by any decision of the Planning Board of the
Village or Town, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
Upon filing an application for site plan review, all applicable
fees shall be paid.